Foreign contacts have always been a significant focus of the security clearance process. In recent years, however, contacts involving countries considered adversarial to the United States have drawn heightened scrutiny. Relationships that once might have raised limited concern can now result in prolonged investigations, delays, or adverse clearance decisions if not properly disclosed and addressed.

After more than 25 years representing security clearance holders and applicants, I have seen how foreign relationships, particularly those involving close personal ties, can create unexpected clearance challenges. These cases often involve ordinary life events, such as marriage or family connections, that take on added significance in the clearance context.

Why Foreign Contacts Matter in Clearance Adjudications

Under the federal adjudicative guidelines, Guidelines B and C, foreign contacts are evaluated primarily under concerns related to foreign influence and foreign preference. The government’s focus is not on punishing individuals for having international relationships, but on assessing whether those relationships could create pressure, divided loyalties, or vulnerability to coercion.

Contacts involving countries with adversarial or hostile relationships with the United States are more likely to receive careful review. Investigators and adjudicators examine the nature of the relationship, the frequency of contact, and whether the foreign national has ties to a foreign government, military, or intelligence service.

Marriage to a Foreign National from an Adversarial Country

One of the most common, and most serious foreign contact scenarios involves a clearance holder who marries a foreign national from a country with adverse ties to the United States. Marriage does not automatically disqualify someone from holding a clearance, but it does create a close and enduring relationship that will be closely examined.

Adjudicators will typically look at factors such as the spouse’s citizenship, residence, employment, family connections, and any continuing ties to the foreign country. They will also assess whether the clearance holder has demonstrated consistent loyalty to the United States and whether the relationship creates any realistic risk of foreign influence.

Some examples over the years have included individuals that have consulted with me who have married spouses from Venezuela, China and Russia. These can be much more difficult than individuals marrying spouses from allies such as Germany, Australia or the United Kingdom.

In all cases, failure to timely report a foreign spouse or fiancé can significantly worsen an otherwise manageable situation. In many cases, it is not the marriage itself, but the lack of candor surrounding the relationship, that leads to clearance problems.

Marriage to a Foreign Citizen without Legal Status

We also often come across clients (usually federal employees) who have married an individual without legal status in the United States. This can cause a series of difficult problems and legal advice is needed. For instance, we have seen a number of federal employees over the years struggle with marriages and their security clearance where their spouse is in the United States illegally.  Those cases require special attention.

Family Ties and Close Personal Relationships

Foreign contacts are not limited to spouses. Parents, siblings, in-laws, or long-term romantic partners who reside in or maintain ties to adversarial countries can also raise clearance concerns. Even if contact is infrequent, adjudicators may consider whether those relationships could be exploited by a foreign government.

For example, we have had cases where security clearance applicants and holders come from non-adversarial countries but are related to high-level military figures or have a relative in an intelligence agency abroad. These can pose special challenges.

Applicants should be prepared to explain the nature of these relationships, how often contact occurs, and whether any financial or emotional dependence exists. Clear, consistent explanations can help adjudicators distinguish between ordinary family connections and relationships that pose genuine security risks.

Business, Social, and Online Contacts

Foreign contacts can also arise through business dealings, academic collaborations, travel, or online relationships. Professional relationships with foreign nationals from adversarial countries may be acceptable, but they require transparency and, in some cases, advance approval.

Social media and online platforms have further complicated this area. Casual online friendships, romantic relationships, or recurring communications with foreign nationals must still be evaluated in the clearance process, particularly when the individual’s background or affiliations are unclear.

Reporting Obligations and Candor

One of the most critical aspects of managing foreign contacts is timely and accurate reporting. Clearance forms and agency policies typically require disclosure of close and continuing foreign contacts, as well as changes in marital status or foreign travel.

In my experience, clearance cases involving foreign contacts often turn on the degree of ties to a foreign power or honesty in disclosures. Attempts to obfuscate or downplay close relationships can be difficult to mitigate. Reduce the ties to foreign contacts in the months and years proceeding the security application, but don’t attempt to hide them in the course of an investigation.

Mitigation and Proactive Steps

Foreign contact concerns are often mitigable. Factors such as long-standing U.S. citizenship, strong professional ties to the United States, limited foreign contact, and a demonstrated history of compliance with reporting requirements can all weigh in an applicant’s favor.

Proactive steps, such as documenting disclosures, seeking guidance from a security office, and addressing issues early, can significantly reduce clearance risk. When the contact involves an adversarial country, early legal guidance can help frame the issue appropriately before it escalates.

Final Thoughts

Foreign relationships are a reality of modern life, and they do not automatically preclude holding a security clearance. However, when those relationships involve countries with adverse ties to the United States, the stakes are higher and the margin for error is smaller.

Clearance holders and applicants should take foreign contact reporting seriously, understand how relationships may be perceived in the adjudicative process, and seek experienced guidance when questions arise. Transparency and consistency remain the most effective tools for protecting both a clearance and a career.

 

This article is for informational purposes only and should not be construed as legal advice. Security clearance rules and government policies may change, and readers should consult counsel regarding their specific circumstances.

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John V. Berry is the founding partner of Berry & Berry, PLLC, and chair of the firm’s federal employment and security clearance practice. Berry has represented federal employees and security clearance holders for over 26 years. Berry also teaches other lawyers about federal employment and security clearance matters in continuing education classes with different state bar organizations. You can read more about Berry & Berry , PLLC at berrylegal.com.